Wednesday, September 11, 2013
Open carry of knives in Florida
I had a recent email question that I thought deserved being included in the blog, regarding a CWP holder and open carrying of a knife. Please know that a "knife" is considered a "weapon", therefore unless it is a "common pocketknife" -- you need a CWP to carry one concealed. However, here's the answer I gave:
Open carry of a knife is not covered by statute, and many folks who have a cwp do so by having it in a fully encased case so that no part of the knife is visible, and therefore is covered by the cwp. Momentary intentional exposure is thus, also lawful with the cwp, as the law allows a CWP holder to do that. However, while there are no state laws prohibiting open carry -- since it's not protected by preemption -- open carry of a knife is subject to local regulations if they exist, although there may or may not be a legal defense depending on constitutional interpretation of certain issues which have never been directly decided.
So -- my suggestion is that while open carry of a knife is normally perfectly legal via Florida law -- because that is not prohibited by any Florida statute (except in a prison, jail, federal office, etc.) -- some counties and municipalities may hold differently.